With more ways than ever to market your business, it can be easy to forget there are regulations to follow. These laws and rules are in place to help customers avoid being falsely sold a product or service.
The UK spent a huge £23.46 billion in marketing last year, all having to meet the set criteria.
But what are these rules? How can your company avoid the punishments for illegal marketing? This guide will cover all you need to know.
Who Regulates The Marketing Industry In The UK?
CAP (Committee of Advertising Practice) and ASA (Advertising Standards Authority) ensures that advertising across UK media is in line with the advertising rules. CAP, a self-regulatory body, represents direct marketing, advertising, sales promotion and media businesses.
What Regulations Must Be Followed in Marketing?
The UK government has rules that must be followed when companies advertise their goods and services. For businesses to comply with the set rules, all marketing and advertising must be the following:
- An accurate description of the product or service.
- Legal.
- Decent.
- Truthful.
- Honest.
- Socially responsible by not encouraging unsafe, illegal or anti-social behaviour.
What About When Describing My Product?
When marketing your products, they must be described accurately. Claims that are made about your goods must be legit and can be proved.
Also, when listing prices, advertising must accurately describe the actual cost, adding in ongoing or associated costs such as subscription fees and taxes. For example, if a customer pays £100 for an item, however, was not told that the price doesn’t include VAT, it is misleading.
What Regulations Must Be Followed In Advertising?
For advertising to customers, there is a statutory instrument called The Consumer Protection from Unfair Trading Regulations. This means that businesses can’t harass or mislead their customers in ways such as:
- Including false or deceptive messages.
- Leaving out important information.
- Using aggressive sales techniques.
What About When Advertising to Businesses?
There are also regulations in place when advertising to businesses. The Business Protection from Misleading Marketing Regulations covers false or dishonest advertisements. To comply with these rules, you must not make misleading comparisons with competitors. Examples include:
- Using a logo or trademark that is the same as, or similar as a competitor.
- Comparing your product against a product from a competitor that isn’t the same.
What Sectors Have Specific Requirements?
Certain sectors have specific requirements when it comes to sales and marketing. This can mean different rules apply for advertisements within the various markets. Some of these sectors are as follows:
- Food industry.
- Alcohol industry.
- Beauty products.
- Environmentally friendly products.
- Medicines.
- Tobacco industry.
Are There Differences Between Regulatory Restrictions And Legal Restrictions?
Regulatory restrictions are enforced by the regulatory bodies and legal restrictions are enforced through court action.
Are Marketing Legal Issues Civil Or Criminal Law?
Certain UK laws can lead to criminal offences that relate to advertising and marketing. However, most legal issues will be civil issues. You should read up about the laws and requirements before submitting any sort of promotion to avoid penalties.

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